42 U.S.C. § 300ff–138: Miscellaneous provisions

Summary

You cannot use these rules to sue or fine hospitals, public health officers, emergency workers, or their governing bodies for not following the duties in this part. The rules do not force a hospital to test an emergency victim for infectious disease, do not require hospitals or emergency workers to reveal a victim’s identity, and do not let emergency workers refuse to respond to or deny help to a victim. If the Secretary finds a public health emergency under section 247d(a) and people or organizations cannot meet these rules because of it, the Secretary may temporarily suspend all or part of them as needed. The Secretary must tell Congress and publish the suspension in the Federal Register before or soon after doing so. State and local laws that require giving data to public health officials still apply.

Title 42, §300ff–138

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Liability of medical facilities, designated officers, public health officers, and governing entities

This part may not be construed to authorize any cause of action for damages or any civil penalty against any medical facility, any designated officer, any other public health officer, or any governing entity of such facility or officer for failure to comply with the duties established in this part.

(b)Testing

This part may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease.

(c)Confidentiality

This part may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.

(d)Failure to provide emergency services

This part may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency.

(e)Notification and reporting deadlines

In any case in which the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to section 247d(a) of this title, individuals or public or private entities are unable to comply with the requirements of this part, the Secretary may, notwithstanding any other provision of law, temporarily suspend, in whole or in part, the requirements of this part as the circumstances reasonably require. Before or promptly after such a suspension, the Secretary shall notify the Congress of such action and publish in the Federal Register a notice of the suspension.

(f)Continued application of State and local law

Nothing in this part shall be construed to limit the application of State or local laws that require the provision of data to public health authorities.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an

Effective Date

of 2009 Amendment; Revival of Section note under section 300ff–11 of this title.

§300ff–138 Miscellaneous Provisions

Summary

Title 42, §300ff–138

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata